Reporting
Overview of the process:
If you are a reporting party and decide to continue with an investigation with the college after your initial meeting with a Safer Spaces coordinator, the process for the investigation will begin as follows, assuming that you want to go through the complete investigation process. If at any time you want to suspend your participation in the investigation for any reason, you have the right to do so. The Safer Spaces coordinator is able to provide more specifics for both the reporting and responding party to understand the process.
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The Safer Spaces coordinator will appoint a neutral investigator to begin the investigation.
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You and the other party will be able to choose an advisor or support person to accompany you to any/all meetings during the investigation
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You will attend a meeting where you will be asked to recount the incident and provide any physical or digital evidence you have and provide a list of witnesses (if there are any) who are able to speak about the incident.
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The investigator will meet with the other party in the same way.
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If the responding party accepts responsibility for the charges or the charges are dropped, an informal resolution may be accepted, which may range from a warning to suspension, termination or expulsion.
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After a full investigation is completed, the Safer Spaces coordinator and investigator(s) will determine:
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Whether the responding party is responsible for the charges brought against them.
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What consequences are appropriate for the circumstances, which may range from a warning to suspension, termination or expulsion.
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If, after an investigation, either of the parties contests the facts of the case, it will go to a hearing.
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In a hearing, three members of the Safer Spaces committee will be on the Hearing Panel. They will review the accounts of both parties written in report form and determine:
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Whether the responding party is responsible for the charges.
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What consequences the responding party will face if found responsible.
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After the determination of responsibility is made, both parties have the opportunity to appeal the sanctions of the decision or the decision based on new evidence.
Download the Safer Space’s Process Flowchart
What are my rights in Calvin’s process?
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The right to access accommodations regardless of whether you decide to pursue an investigation or report the incident to law enforcement.
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That your privacy will be protected so that only those actively involved in the case will have access to your identifying information.
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A prompt, fair and impartial resolution of your complaint, under the standard of evidence that it is more likely than not that the alleged conduct occurred.
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To have policies carried out by Safer Spaces coordinators and investigators trained annually on sexual violence, discrimination, harassment and retaliation and how to conduct an investigation that promotes safety and accountability.
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To have an advisor or support person accompany you to all aspects of the investigation and resolution process. An advisor may give quiet advice, but they may not act as an official representative. Both parties have the right to an advisor, even if the other party chooses not to have one.
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Protection from retaliation by the other party or anyone else for making a complaint or for participating in the investigation. Both the complainant and respondent are protected from retaliation.
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Assurance that both the reporting and responding parties will be notified simultaneously in writing of the outcome of all stages of the process, including the final decision of the investigation and sanctions (if applicable) and any appeals.
Respondent
If you have had a Safer Spaces complaint filed against you, there are options and resources available to you.
The fact that a complaint has been filed against you does not mean that Calvin has reached any conclusions about whether the alleged conduct has occurred.
Options:
- Determining whether or not to notify parents, spouse or relative about the investigation
- Right to seek legal advice
- Accessibility to personal counseling through the Center for Counseling and Wellness for students or Pine Rest for staff
- Right to request further information about the investigation and resolution process. Email a Safer Spaces coordinator at saferspaces@calvin.edu.
Expectations:
- It is expected that you will be respectful of those involved in the investigation process. Retaliating against the complainant or any other participant in the investigation is prohibited, and you may face a separate investigation and sanctions if you retaliate in any way.
- It is important that you preserve evidence surrounding the circumstances of the incident and allegations. This can include physical evidence (notes, calendars, receipts, written communication, etc.) as well as evidence in electronic formats (text messages, emails, photos, social media posts, screenshots, etc.)
- You are expected to refrain from any type of contact with the other party of the investigation, including in-person, electronic or third party communication.
- You are expected to cooperate by participating in the investigation and not attempting to conduct a separate, independent investigation.
Your rights:
- Calvin will provide a prompt, fair and impartial resolution of the complaint, under the evidentiary standard of preponderance of the evidence, i.e., whether it is more likely than not that the alleged conduct occurred.
- Policies are carried out by school officials who have received training on these issues and how to conduct an investigation that promotes safety and accountability.
- You and the complainant are provided the right to have an advisor or support person accompany you to all aspects of the investigation and resolution process. An advisor may not advocate for a party like an attorney would in court. They are permitted to quietly advise you but may not directly participate in meetings or ask/answer questions on your behalf.
- Assurance that both you and the complainant will be notified simultaneously in writing of the outcome of all stages of the process, including any appeals.
- Right to make an appeal based on new evidence or appeal the sanctions of a decision.
- Protection against retaliation from the other party and anyone associated with the other party.
Possible interim measures and sanctions:
- Interim measures: At any time during the investigation, Calvin may impose interim measures pending the outcome. These may include separating you and the complainant, placing limitations on contact between the parties, suspension, or making alternate living, class placement or workplace arrangements. Calvin will also take reasonable and legal action to implement any court restraining or no-contact order. You must honor any interim measures; violating them is a violation of school policy separate from the allegations of the complaint.
- Sanctions: If there is a finding that a violation of Calvin’s Safer Spaces policy, sanctions may include counseling or training, separation of the parties and/or discipline, including written reprimand, probation, suspension, demotion, termination or expulsion.
Witness
If you are or have been a witness in a Safer Spaces investigation, there are options and resources available to you.
What can I expect as a witness?
- You can expect that you will be interviewed by Calvin staff members who have received training on how to conduct an investigation that promotes safety and accountability.
- You will be asked questions about the events by a Safer Spaces investigator
- The information you disclose with the investigator will remain private. Only those actively involved in the case will have access to the information. The Safer Spaces investigator or coordinator will be able to give you more information about who has access to information.
- You will be notified of the outcome of the investigation after the complainant and respondent are notified.
What resources are available to me as a witness in an investigation?
- Protection from retaliation. The Safer Spaces coordinator will work with you to create a concrete plan to help you feel safe on and off campus. This may include an order against communication between the other party and you and the individual(s) you are supporting, along with many other measures.
- Counseling through Center for Counseling and Wellness or Pine Rest. The experiences and events leading to an investigation, as well as being a participant in an investigation, can be stressful. As someone not directly involved in the case, you may be taking on responsibility to support the complainant or respondent and may not be taking time to care of yourself. Talking with a counselor may be a positive way to process thoughts and emotions dealing with the events.
What is expected of me as a witness?
- You are expected to cooperate and participate in the investigative process by attending meetings and interviews with Safer Spaces investigators and answering questions honestly.
- You may be asked to contribute any evidence that you may have that relates to the investigation.
- It's expected that you will not retaliate against the other party or anyone else for being a part of the investigation or for supporting the other party. If you retaliate against another individual, Safer Spaces will investigate it and you may receive sanctions.
- It's requested that you don't talk about the details of the case during the investigation with uninvolved individuals.